FIXED TERM EMPLOYMENT CONTRACT – SHARED USE
ACCOMMODATION LICENCE
(Service Occupancy)
Date :______
[INSERT EMPLOYER’S NAME]
And
[insert employee’s name]
THIS LICENCE is made the DAY of TWO THOUSAND AND [insert year in words]
BETWEEN
[INSERT EMPLOYER’S NAME] (Charity Number XXXXXXXX) whose registered office is at [employer’s address] of the one part and [insert employer name] OF address as detailed in the schedule (hereinafter called "the Employee") of the other part
W H E R E A S
A. The Employee is employed by [insert employer name] under the terms of a CONTRACT being the current contract of employment (hereinafter called the “Employment Contract”) which requires the Employee, in order to facilitate the better performance of the Employee’s duties under the Employment Contract, to occupy the premises as described in the Schedule and hereinafter called "the Premises" (which expression shall include the shared or sole use of 1 bedroom together with use of all or any communal areas such as living and/or dining room/s, kitchen, bathroom, hallways, pathway, gardens) and which may also, from time to time at [INSERT EMPLOYER’S NAME]’s discretion, be substituted with alternative premises similar in size and amenity as considered reasonably practicable in the circumstances;
B. The Employee accepts and fully understands that this Licence only grants the Employee a Licence to occupy the Premises on a shared basis for the better performance of the Employee’s duties under the Employment Contract and that this Licence does not create or afford any other proprietary interest including any a tenancy within the meaning of the Housing Act 1985 (as amended) or other law or regulation and that the Employee’s occupation of the Premises cannot be taken into account in any claim under the 1985 Act or other such law or regulation to exercise the right to buy the property or to claim any other proprietary interest in the said Premises or any other premises, as the case may be;
C. For the avoidance of any doubt reference to the authorisation to [INSERT EMPLOYER’S NAME] or [INSERT EMPLOYER’S NAME]’s authorised representative or delegate does not include the Licensee.
NOW IT IS HEREBY AGREED as follows:-
1. OBLIGATIONS OF THE EMPLOYEE
1.1. In respect of the Premises or any part thereof, the Employee SHALL
(a) occupy the same on a shared basis, free of rent and as Licensee which, it is agreed and understood, confers no tenancy of other proprietary interest in the land and/or premises upon the Employee;
(b) occupy on a shared basis as a residence for the Employee only;
(c) keep the interior and any fixture therein in good and clean condition (fair wear and tear excepted) to the satisfaction of [INSERT EMPLOYER’S NAME] or [INSERT EMPLOYER’S NAME]’s authorised representative or delegate;
(d) unless agreed otherwise in writing with [INSERT EMPLOYER’S NAME], bear the cost of utilities such as telephone, satellite or Cable TV charges, contents insurance as required (it being agreed that any claim against [INSERT EMPLOYER’S NAME] for loss or damage to personal effects, equipment or contents shall be limited to £0.00) but not be responsible for council tax, water, gas, electricity, sewerage charges and buildings insurance which will remain the responsibility of [INSERT EMPLOYER’S NAME];
(e) park any vehicle/s only where allocated by [INSERT EMPLOYER’S NAME] or [INSERT EMPLOYER’S NAME]’s authorised representative or delegate;
(f) report any damage or defect in the property to The Centre Manager as soon as is reasonably practical;
(g) repair and make good any damage done to the Premises by the Employee to the satisfaction of [INSERT EMPLOYER’S NAME] or [INSERT EMPLOYER’S NAME]’s authorised representative or delegate.
1.2 In respect of the Premises or any part thereof, the Employee SHALL NOT:
(a) let, sublet or purport to let or sublet the Premises of any part thereof;
(b) take in any lodger or paying guest;
(c) carry on any trade business or profession without the knowledge and/or consent of [INSERT EMPLOYER’S NAME] or [INSERT EMPLOYER’S NAME]’s authorised representative or delegate;
(d) carry out any decoration, alteration and/or renovation to the Premises without the consent of [INSERT EMPLOYER’S NAME] or [INSERT EMPLOYER’S NAME]’s authorised representative or delegate;
(e) affix any advertisement, sign, name plate or notice;
(f) do or permit to be done anything of an illegal or immoral nature or anything which may in the opinion of [INSERT EMPLOYER’S NAME] is or may grow to be or become a danger, nuisance or annoyance to or to the prejudiced of [INSERT EMPLOYER’S NAME] its occupiers or tenants or to the owners or occupiers for the time being of any adjoining or neighbouring property;
(g) bring or allow to be brought in anything which shall be or become a nuisance or annoyance to the [INSERT EMPLOYER’S NAME] or the occupiers for the time being of any adjoining or neighbouring premises or to the residents for the time being in the neighbourhood;
(h) keep any pets;
(i) except with the prior authorised written approval of [INSERT EMPLOYER’S NAME] or [INSERT EMPLOYER’S NAME]’s authorised representative or delegate:-
(i) erect or keep any temporary building garage hut shed;
(ii) keep any caravans or boats in the garden or any garden thereof;
(iii) carry out any alterations or additions (structural or otherwise) to the building or buildings;
(iv) fell or destroy any of the existing trees on the premises and/or adjoining land;
(v) store trade or business materials or produce;
(j) hold or permit or cause to be held a sale by auction;
(k) obstruct the access of light or air to any adjoining building or land.
2. OBLIGATIONS OF THE LANDLORD
2.1. In respect of the Premises or any part thereof and to the Employee, the Landlord SHALL:
(a) keep the property insured against fire and other usual comprehensive risks provided insurance cover is available;
(b) provide free access and egress;
(c) be responsible for servicing and maintaining any gas heating system and making sure that all gas appliances within the property are checked every year, in line with the Gas Safety (Installation and Use) Regulations;
(d) be responsible for making sure that any furniture provided complies with the relevant Furniture and Furnishing (Fire Safety) Regulations;
(e) undertake structural repair to the outside of the property as deemed necessary by [INSERT EMPLOYER’S NAME] as soon as is reasonably practical bearing in mind the nature of the repair required;
(f) keep the gas, water, electricity, space-heating and water-heating installations in proper working order and undertake any necessary repair as soon as is reasonable practical;
(g) in the event of the property becoming uninhabitable, [INSERT EMPLOYER’S NAME] will provide suitable alternative accommodation as specified in Clause A herein.
3. MANAGEMENT, POSSESSION AND CONTROL
3.1 The Employee agrees to meet with a [INSERT EMPLOYER’S NAME] representative to undertake an inspection/inventory check of the Premises at both taking up and ceasing residence thereof;
3.2 Management, possession and control of the Premises shall remain vested in [INSERT EMPLOYER’S NAME] and its authorised representatives shall have a right to enter the Premises for the purpose of exercising such rights as follows:
(a) in non-urgent situations – by giving the Employee at least 48 hrs notice;
(b) in urgent situations – at any time.
3.3 [INSERT EMPLOYER’S NAME] and/or its authorised representative may, on an annual basis (and by giving 14 days notice to the Employee), inspect the Premises for any damage, defect or fault and if such damage, defect or fault is found, shall then determine at their sole discretion:
(a) whether such was caused by an inherent condition relating to the Premises or by general wear and tear and if so determined will endeavour to carry out any reasonable and necessary repairs; or
(b) whether such was caused by the Employee either directly or due to the Employee not reporting the same in accordance with Clause 1.1(f) herein and if so determined will issue a Formal Notice requiring the Employee to either:
(i) repair of the said damage, defect or fault as soon as is reasonably practical
(ii) vacate the Premises immediately or as soon as is reasonably practical;
3.4 Restrictions on assignment – the Licence to occupy is personal to the Employee and is not assignable (whether in lifetime or upon death).
4. DETERMINATION OF LICENCE
(a) This Licence to occupy is a condition of the Employee’s employment in order to facilitate the better performance of the Employee’s duties under the Employment Contract and this Licence shall cease automatically without any separate notice and the Employee and any other occupant of the Premises shall vacate the same forthwith, upon:
(i) the determination of the Employee’s Employment Contract; and/or
(ii) the Employee ceasing to reside at the said premises; and/or
(iii) the Employee being transferred to another place of business of the [INSERT EMPLOYER’S NAME] without other premises being nominated as aforementioned;
(iv) the Employee receiving a Formal Notice under Clause 3(b) herein requiring vacation of the property; and/or
(v) [INSERT EMPLOYER’S NAME] or [INSERT EMPLOYER’S NAME]’s authorised representative or delegate’s request;
(b) [INSERT EMPLOYER’S NAME] shall have the right to determine this Licence upon the breach by the Employee of any of the terms herein contained or as prescribed by law;
5. NOTICES
All notices given by either party pursuant to the provisions of this Licence shall be in writing and in the case of notices to be served on the Employee shall be sufficiently served if addressed to the Employee and delivered by hand on the Premises or sent there by recorded delivery.
6. LIABILITY
[INSERT EMPLOYER’S NAME] shall not be liable for the death of or injury to any person whatsoever or for damaged to any property of or for any losses claims demands actions proceedings damage costs or expenses or other liability caused or incurred by the Employee or any other person occupying the Premises;
7. RESOLVING DISPUTES
All efforts should be made by all Parties to resolve any dispute as quickly and as amicably as possible. If a dispute remains outstanding for 21 days or more it should be progressed as follows:
The matter must be notified in writing to the [insert name] [insert job title] (please delete as relevant to the particular site) who shall:
(a) within 14 days thereafter arrange a date for a round-table meeting to take place between the relevant Parties as soon as is reasonably practicable and notify the Parties of such date; and
(b) when and where necessary, arrange such other meeting/s as may be necessary with a view to resolving the dispute.
THE SCHEDULE
THE PREMISES
ALL THAT property and outbuildings, sheds, gardens or related structures situate and known as:
Which the Employee is hereby licensed to occupy in accordance with Clause A herein.
AS WITNESS the hands of acting on behalf of [INSERT EMPLOYER’S NAME] and the Employee the day and year first above written
SIGNED by the said
[Insert employer’s name]
On behalf of [INSERT EMPLOYER’S NAME]
In the presence of:-
SIGNED by the said:
In the presence of:-